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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
C and the Defendant jointly established the Plaintiff Company A (hereinafter “Plaintiff Company”) on January 2, 2012, and C was registered as the representative director of the Plaintiff Company, and the Defendant respectively.
C and the Defendant invested KRW 200 million in each of the Plaintiff Company. In addition, C provided real estate owned by the Plaintiff Company as collateral at the time of borrowing KRW 650 million from the Busan Bank on August 27, 2012. Of the above loans, KRW 550 million was used by the Plaintiff Company as a loan from the Plaintiff Company. ② On November 23, 2012, U.S. Credit Union borrowed KRW 80 million from the U.S. Credit Union and used it for the Plaintiff Company’s business funds. ③ When the Plaintiff Company borrowed KRW 100 million from the Small and Medium Business Corporation on January 30, 2013, it provided the above loans to the Plaintiff Company as joint and several surety, thereby investing KRW 280 million in the Plaintiff Company.
At the beginning of the incorporation of the Plaintiff Company, C 49% of the shares of the Plaintiff Company was owned by C, 41% of the shares of the Defendant, and 10% of the shares of the Plaintiff Company were owned by D, but thereafter, C 15% of the shares were owned by E, E, and F, 11% of the shares, G 8% of the shares, and H 2% of the shares.
On March 12, 2013, I invested KRW 100 million in the Plaintiff Company. On January 3, 2014, the Plaintiff Company remitted the amount of KRW 40 million to the wifeJ, KRW 50 million on February 5, 2014, KRW 20 million on February 28, 2014, and KRW 100 million on June 3, 2014, and returned the principal of the investment to I on June 3, 2014.
The Defendant’s total remittance of KRW 47 million as of February 28, 2014 and June 3, 2014 as of June 3, 2014 is as follows.
As described in paragraph (1), the portion of K, after establishing K, paid to the Plaintiff Company as goods transaction price.
The Defendant established KK on October 4, 2013, and the Plaintiff Company closed its business on August 19, 2014.
【Ground of recognition” includes each number in the absence of dispute, and in the absence of special reference to Gap 1 through 5, 7 through 9;